Актуальные вопросы реализации прав человека в международных инвестиционных правоотношениях

Abstract

The article focuses on the study of issues of human rights implementation in international investment legal relations, both in the substantive and procedural aspects. The author attempts to reveal the relevance of the research topic and assess the significance of the interaction of international investment law and international human rights law in modern realities. The article reveals the options for the interpenetration of the two branches of public international law, as well as the problems arising as a result of such interaction. Emphasis is placed on the search for a new balance between international investment law and international human rights law, and on the possible identification of ways to promote the protection of human rights while encouraging and protect-ing foreign investment. An attempt is made to identify and comprehensively analyze the possibility of preven-tive integration of human rights in international investment legal relations, as well as its advantages and disad-vantages. Furthermore, the study of substantive and procedural aspects of interaction between international investment law and international human rights law identifies the importance and prospects of the impact of soft law on the realization of human rights in international investment relations. Special attention is paid to the prac-tice of resolving international investment disputes with reference to the protection of human rights as one of the options for the manifestation of the interpenetration of branches of international public law. The author identi-fies the existing patterns in the practice of resolution of international investment disputes. As one of the key conclusions the idea of the possibility of generalization of the results of harmonious interpretation (explanation) and the formation of an appropriate unified legal framework of international public law for its subsequent har-monious application is put forward.